Quick answer: Under Section 29A of the Arbitration and Conciliation Act, 1996, a tribunal must make a domestic award within 12 months of completing pleadings. The parties can extend this by six months by consent. After that, only the civil court can extend the mandate, for sufficient cause, even if you apply after the deadline has expired.
Arbitration promises speed, yet many references still run past their deadline. When that happens, a Section 29A extension of mandate decides whether months of hearings survive or collapse. For banks, NBFCs and businesses with live arbitrations, the rules matter. This guide explains the time limits, which court to approach, and what recent Supreme Court rulings mean for your case.
Section 29A Time Limits at a Glance
Parliament added Section 29A in 2015 and refined it in 2019. Today the timeline for a domestic arbitration works like this:
- Pleadings: Parties must complete the statement of claim and defence within six months of the arbitrator’s appointment notice (Section 23(4)).
- Award: The tribunal must make the award within 12 months of completing pleadings (Section 29A(1)).
- Consent extension: The parties can agree to extend the period by up to six more months (Section 29A(3)).
- Court extension: Beyond 18 months, only the court can extend the mandate (Section 29A(4) and (5)).
- Disposal: The court should decide the extension application within 60 days of notice to the other side (Section 29A(9)).
For international commercial arbitration, the Supreme Court in Tata Sons v. Siva Industries treated the 12-month period as directory. In other words, the tribunal should endeavour to finish within it, but the deadline does not bind it strictly.
What Happens When the Mandate Expires?
Section 29A(4) says the mandate terminates unless the court extends it. However, the word “unless” makes this termination conditional. Either party can apply for an extension, and the court grants it only for sufficient cause.
While extending the mandate, the court can also impose terms. For instance, it can reduce the arbitrator’s fee by up to five per cent for each month of delay that the tribunal caused. It can also substitute one or more arbitrators under Section 29A(6). The reconstituted tribunal then continues from the stage the proceedings reached.
Key Supreme Court Rulings on Section 29A Extension of Mandate
Rohan Builders v. Berger Paints (12 September 2024): The Court settled a split among High Courts. It held that a party can file an extension application even after the 12- or 18-month period has expired. Nevertheless, it warned that courts grant extensions only for sufficient cause, never automatically.
Jagdeep Chowgule v. Sheela Chowgule (29 January 2026): The Court ruled that the “Court” under Section 29A means the principal civil court of original jurisdiction under Section 2(1)(e). It does not mean the High Court or Supreme Court that appointed the arbitrator under Section 11(6). Once it makes the appointment, the referral court has no further role.
Viva Highways v. MPRDC (6 February 2026): The Court held that substitution of an arbitrator does not follow automatically when the mandate ends. Courts substitute only when the facts warrant it.
C. Velusamy v. K. Indhera (2026): The Court held that a party can still seek an extension even after the tribunal passes an award beyond the deadline. Until the court extends the mandate, that award remains unenforceable. Once the court grants the extension, the award becomes enforceable.
Gujarat Water Supply Board v. Saryu Plastics (26 May 2026): Here the arbitrator extended his own mandate, and the appellant took part without objecting. The Court therefore held that the appellant could not later challenge the award on the ground of expiry.
Practical Checklist: Filing a Section 29A Application
- Track the date pleadings closed, and diarise the 12-month and 18-month deadlines.
- Record any consent extension in writing, signed by all parties.
- File the application before the principal civil court or the High Court’s original side, not the Section 11 court.
- Explain the sufficient cause with dates: adjournments, document delays, change of counsel or arbitrator illness.
- Object promptly in writing if the tribunal proceeds after expiry, so you do not waive the point.
- Ask the court to fix a firm timeline for the award when it grants the extension.
Frequently Asked Questions
What is the time limit for an arbitral award in India?
For domestic arbitrations, the tribunal must make the award within 12 months of completing pleadings. The parties can extend it by six months by consent.
Can a party apply for extension after the mandate expires?
Yes. After Rohan Builders (2024), a party can apply even after the deadline passes, but must show sufficient cause.
Which court hears a Section 29A application?
The principal civil court of original jurisdiction under Section 2(1)(e) hears it, not the High Court acting under Section 11.
Can the court reduce the arbitrator’s fees?
Yes. The court can cut fees by up to five per cent for each month of delay that the tribunal caused.
Does the court always replace the arbitrator on expiry?
No. After Viva Highways (2026), substitution depends on the facts and does not follow automatically.
Need Help With a Delayed Arbitration?
Lex Pleaders advises banks, NBFCs and businesses on arbitration timelines, Section 29A extensions, Section 11 appointments and award challenges. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.